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Questions Answered by Stanley Dale Radtke
1 Answer | Asked in Immigration Law and Consumer Law for Colorado on
Q: I am on h4 visa and I have a lot of hotwheels cars. Can I sell them online ?

I am on h4 visa and I have a lot of hotwheels cars. Can I sell them online ?

I have a lot of hotwheels cars which I bought from a collector. We have used 40% of them but still 300 cars are in boxes as they are repeated cars.

I bought those 500-600 cars for my son's birthday.... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Apr 4, 2018

Yes you can sell your personal property on line without offending your immigration status. However, you may have a duty to report this income to the IRS. Please consult with a tax specialist on what is required to remain in compliance with tax law.

1 Answer | Asked in Criminal Law for California on
Q: spongement help

i have to fill out the application to start the spongement process and it is complicated, i do not understand how to fill out the application.

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 13, 2017

If you live in Alameda County, the public defender's office was a clean slate clinic that helps people to clean up this record.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: what does this exactly mean for my husband? On 10/17/17 this was the opinion regarding his appeal (criminal conviction)

Signed Unpublished) The orders revoking probation are affirmed. The matters are remanded to the trial court for resentencing consistent with this opinion. The petition for a writ of habeas corpus is summarily denied.

Thank you for your help

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 24, 2017

Short answer, your husband's appeal was unsuccessful. He will remain incarcerated under his original sentence which granted him probation, either ISS or ESS.

1 Answer | Asked in Immigration Law for California on
Q: Been deported twice and is now in deportation proceedings can I get legal help to stop deportation
Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 24, 2017

The only potential recourse you have available at this juncture is to seek protection under asylum law, withholding, or alternatively protection under CAT. However, you may not be eligible for release from custody and will have to fight your case in detention.

1 Answer | Asked in Criminal Law for California on
Q: Can the District Attorney use my medical records that they subpoena'd from the hospital in a case, if they haven't

successfully served me?

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 24, 2017

Short answer is yes. The evidence would come in under the hearsay exception as a business record, authenticated by the record keeper as true and correct.

2 Answers | Asked in Criminal Law for California on
Q: I cant clear it it was for a pc 192a voluntary manslaughter. Im trying to get the certificate of rehabilitation.

But im looking for some help with doing the papers work so i can be sure its being done correctly.

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 24, 2017

In filing a Certification for Rehabilitation, you have the right to an appointed attorney to assist you.

I see that you listed your address as San Leandro in Alameda County. I would check with the Alameda County Public Defenders.

http://www.co.alameda.ca.us/defender/services/cleanslate.htm

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3 Answers | Asked in Immigration Law for California on
Q: I’m a 28 year old us citizen my mom lives in Lebanon I’m trying to figure out the steps I need to take to bring her here
Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 27, 2017

You must first file and I-130 visa petition and when approved, proceed through consular processing via the NVC.

Stanley Radtke

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1 Answer | Asked in Immigration Law for California on
Q: I was married to an American citizen, he never fixed my immigration status. I have DACA. Can I still fix it w/o him?

He was mentally and emotionally abusive. We are divorced now. He tried to get full custody of our kids using the excuse in not legally in the USA and that I could be deported at any time. We were married for 8 years.

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 11, 2017

I would look into the possibility of filing a VAWA petition.

1 Answer | Asked in Immigration Law for New York on
Q: I have DACA and getting married soon he's a citizen. What are my chances in getting a Visa/ residence through marriage?
Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 18, 2017

The issue in your situation is how you entered the US. If you entered without inspection (EWI) than you are ineligible to adjust your status in the US.

1 Answer | Asked in Immigration Law for California on
Q: Are there any Civil Surgeons that go to Adelanto detention Center for I-693?????
Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 18, 2017

Not that I am aware.

1 Answer | Asked in Criminal Law for California on
Q: I got caught shoplifting at a store and they made me sign an agreement not to shop there any more.

I'm worried though that they can still file criminal charges against me -- can they?

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 30, 2016

The short answer is yes. But it would not be the store that files charges, it would be the District Attorney's Office in your local county that files the criminal complaint in the superior court after reviewing the police report.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is there any way to appeal an immigration order of deportation?
Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 30, 2016

It depends upon the form of the deportation order. If you had a hearing in front of an immigration judge and the court made a decision on any applications for relief you filed with the court, then yes, you have 30-days to file a notice of appeal to the BIA, or Board of Immigration Appeals.... Read more »

1 Answer | Asked in Immigration Law for California on
Q: My I-130 approved. Priority date current. Married to LPR. I'm living in the US. What's my next step? Can I adjust status

My B1 /B2 visa is expired. Been married for over 2 years.

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 12, 2016

No.

1 Answer | Asked in Criminal Law for California on
Q: What is the difference between bail and bond?
Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 12, 2016

The two terms are often used interchangeably. However, bail the is dollar amount, set by the court or the county sheriff, that must be posted in order for the accused to be released from custody. Bond is the actual dollar amount deposited by either the accused's family or the bail bonds man... Read more »

1 Answer | Asked in Immigration Law for Virginia on
Q: My brother undocumented is been held by immigration for DUI in the state of virginia. My father and I are US citizen

My father and I are US citizens, is there something we can do to prevent deportation

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 8, 2016

If you are a US citizen, then the US government cannot deport you. Is there someone else you are thinking about?

1 Answer | Asked in Criminal Law for California on
Q: If I legally purchase pot in Washington state, can I bring it to my summer house in Idaho?
Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 6, 2016

No. You would in violation of Idaho state law.

2 Answers | Asked in Immigration Law and Tax Law for California on
Q: Haven't filed taxes in 7 years. Will that hurt my chances of getting a U-Visa? Should I take care of my tax issues 1st?

I was a victim of crime that's why I qualified for a U-Visa but I haven't filed taxes in 7 years so I'm wondering if I can get denied the U-Visa because I haven't filed my taxes. So my question is should I get my taxes taken care of first or my green card?

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 1, 2016

Take care of your taxes first.

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1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for California on
Q: What do I need to put on my Appellants Opening Brief in order to present my case?

Ford is taking me to court over a Ford I had around 2008. I ask for a rewrite and and saw it said initial for gap cancellation. I stated I do not want it if they are going to cancel my gap over 40.00. The rep said they may not approve it but submit it anyway. Did not recieve a notice that it was... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 1, 2016

I am assuming you case in before the California Court of Appeal. If so, your brief must comport with the California Rules of Court, Title Eight. Specifically you need to comply with rule 8.40, 8.204, 8.212, etc.

As far as the contents of your brief, you should review a law school arcticle...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: After how many year of being a green card horlder, can I become a citizen in USA.
Stanley Dale Radtke
Stanley Dale Radtke answered on May 5, 2011

This depends on how you obtained your Legal Permanent Residency status. If you are an LPR by virtue of marriage to a USC, and you are still married to the same spouse, then you can apply for naturalization after 3 years. Otherwise, you must wait 5 years and you must have good moral character,... Read more »

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